118th Congress Foreign Trade and International Finance
H.R. 4108: Protecting Americans' Data From Foreign Surveillance Act of 2023
Introduced
- Introduced (completed)
- Passed House (not reached)
- Passed Senate (not reached)
- To the President (not reached)
- Became law (not reached)
Summary
Protecting Americans' Data From Foreign Surveillance Act of 2023
This bill establishes certain export controls on personal data of U.S. nationals and individuals living in the United States.
Specifically, the bill directs the Department of Commerce (in coordination with specified federal agencies) to identify categories of personal data that could be exploited by foreign governments or foreign adversaries and harm U.S. national security if exported, reexported, or in-country transferred in a quantity that exceeds the threshold established by Commerce.
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The bill outlines the requirements for establishing this threshold. Commerce must seek to balance the need to protect personal data from exploitation by foreign governments and foreign adversaries against the likelihood of (1) impacting legitimate business activities, research activities, and other activities that do not harm the national security of the United States; or (2) chilling speech protected by the First Amendment.
The bill also requires Commerce to impose appropriate controls on the export, reexport, or in-country transfer of covered personal data, including through interim controls (e.g., informing a person that a license is required). Commerce may not impose a requirement for a license or other authorization pursuant to specified transactions, such as those in which the personal data is encrypted with technology that is certified by the National Institute of Standards and Technology.
The bill applies certain export control penalties to officers or employees of an organization who knew or should have known that another employee was directed to illegally export covered personal data in violation of this bill.
Written by the Congressional Research Service, Library of Congress.
Roll calls
No roll call votes have been held on this bill.
Amendments
No amendments were offered to this bill.
Cosponsors
- Anna Eshoo D-CAOriginal
Who scored on this bill
- 1Warren Davidson SponsorDrew cross-party cosponsors, introduced2 events+6
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Other bills by Warren Davidson
History
- Introduced in the House by Warren Davidson.
Show the full action history (2 actions)
- Introduced in House
- Referred to the Committee on Foreign Affairs, and in addition to the Committee on Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.